New York Personal Injury Lawyer Blog

The tobacco giant Phillip Morris was ordered to pay 8 million dollars this week to Florida widow Elaine Hess, whose late husband Stuart Hess died of lung cancer at age 55 in 1997. A jury in Fort Lauderdale awarded compensatory damages of 3 dollars and a whopping 5 million dollars in punitive damages, obviously convinced that Philip Morris knew that the cigarettes they marketed and sold are a dangerous product but that the company was more concerned about profit than safety.

Philip Morris USA announced that they would appeal the verdict, certainly to be expected after a major verdict against the tobacco giant in the first of what will likely be thousands of cases in Florida. Back in 2006, the Florida Supreme Court threw out a 145 billion dollar jury award in a dangerous product class action suit filed in the early 1990's on behalf of 8,000 sick smokers. Undoubtedly, the Hess verdict will encourage the families of those 8,000 smokers to pursue their cases as well.

Compensatory damages are awarded for injuries including pain and suffering, lost earnings, loss of enjoyment of life, and medical bills. These type of awards are more likely to be upheld by an appellate court. Conversely, punitive damages, which as the name suggests, are imposed to "punish" the defendant for intentional or malicious conduct, are frequently either reversed or substantially reduced by higher courts on appeal.

Continue reading "Philip Morris Hit With 8 Million Dollar Verdict" »

You have been involved in a New York car accident, or a slip and fall accident, or you have been the victim of a defective product in New York. You hire a lawyer, who commences a lawsuit on your behalf when the insurance company won't make a fair offer to settle your case. Approximately 45 days after your deposition, during which you are asked questions under oath by the defendant's lawyer about your accident and injuries, you will be required to attend what is commonly known as an "IME." (Independent Medical Examination). This name is in actuality quite laughable, as there is nothing at all "independent" about the examination. It is scheduled by the insurance company lawyer with an orthopedist, neurologist or other doctor who is known for giving opinions that minimize injuries as slight and not permanent, (or that you can return to work) despite your treating doctor's opinion otherwise. The insurance company doctor will then give trial testimony as to your supposed miraculous recovery for a fee, usually in the range of $7,500 to $10,000 for a few hours in Court!

At The Law Office Of Mark A. Siesel in White Plains, New York, we take these "IME's" very seriously, and instruct our clients exactly how to approach them so as to limit any potential damage to their case by the insurance company doctor's opinion. First, make sure that you have your watch with you, and something to take some notes at the conclusion of the examination. Here are the instructions to our clients:

1. When you are presented pages of an intake form requesting personal information such as your social security number and home address (totally for the doctor's convenience and with no benefit to you) write your name, age and injuries you suffered, and nothing else, and hand the form back to the receptionist;

2. Remember that this is not your doctor, and that his or her main purpose is to be able to write a report and testify in Court that you are either fully recovered, are not in any way disabled, and can return to work if you are not working. Thus, it is critical that when the doctor requests that you do certain tasks, such as walk on your toes or heels, touch your toes, lift your legs to a 90 degree angle from a sitting position or bend in some awkward way (all for the purpose of testifying that you have "normal range of motion"), YOU MUST STOP THE DOCTOR WHEN WHAT HE OR SHE IS DOING IS HURTING YOU! Take control of the exam in a firm fashion and let the doctor know that you do not want to reinjure your back, neck or other part of your body by the examination;

3. The doctor is entitled to ask you about your injuries, past related injuries, treatment you are undergoing and medications you are taking for your pain. If he or she begins asking questions such as what color the traffic light was, or if you were distracted when the accident happened, politely remind the doctor that he or she is supposed to be doing a medical examination, not cross examining you--that role is for the lawyers.

4. When you walk into the examination room, check your watch, and write the time down. Similarly, when the exam ends, jot down the time that it was completed. This is absolutely critical! The reason? Because these "IME's " are generally no more than 10 minutes, maybe 15 at the most. When we have the opportunity to cross examine this very wealthy IME doctor during your trial, imagine his or her surprise when they are confronted with the question: 'Doctor, how could you possibly have conducted a complete examination of my client when you began the exam at 10:54 AM and she left your office at 11:03? Believe me, these insurance company doctors have no good answer for that question.

Continue reading "New York Accident Case--The Insurance Company Examination" »

If you are injured in a New York car crash, a Westchester slip and fall accident, a Bronx dog bite, or Brooklyn construction accident, (among numerous other types of accidents) after you have consulted an attorney and started a lawsuit or claim, there is another possible way to resolve your case with the insurance company or defendant. Alternative Dispute Resolution, or ADR, has become a frequently used method of resolving cases.

The two basic types of dispute resolution in New York car crashes or New York slip and fall cases are mediation and arbitration. In a mediation, the two sides agree to an impartial mediator, usually a retired judge, and submit written submissions with their respective positions in the case. At the mediation, the judge listens to a brief statement from each side, then commences negotiating with both parties to try to work out a settlement. The parties are not obligated to agree to the judge's settlement recommendation, but in my experience, approximately 75% of cases do settle when they go to mediation.

In an arbitration, the big distinction is that unlike a mediation, the judge's decision is binding on the parties. The arbitration is similar to a mini trial, with parties questioning and cross examining witnesses, and testimony from experts such as treating doctors. Unless the judge makes a substantial error in his determination of the facts and the law, the decision in an arbitration is final. At The Law Office of Mark A. Siesel in White Plains, New York, we prefer mediation to arbitration and encourage our clients to consider mediation to resolve their case. Mediation is much faster than going to trial (often, a case can be mediated within the first year after the accident), much less costly (there is no need to have the treating doctor testify in Court, which in 2009, generally costs between $7,500 to $10,000), and the process is non-adversarial.

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